Elected A Bva Travel Hearing

[jtg1966]

eleceted a BVA travel hearing at the end of JANURARY 09. as i mentioned here before, the RO never acquired my inpatient SMR's nor records from private medical facilities...well they have them now...and my c-file has been brokered to the waco, tx RO for the purposes of adjudicating my claim...sooooo, the question is this....why did they broker my claim to another RO?

now i did find a fast letter fl09-006 that says that the va has established two Appeal Resource Center's to fast track appeals...one in waco and one in seattle...

anybody had any experience with the two ARC's?

i have attached the pdf of the fast letter.....

FL09_006.pdf

[john999]

If your 1995 decision became a final decision you might have a CUE since you had SMR's but the VA did not get them. That is the way you usually have to proceed if you are going to get 15 years of retro. Either that or the claim has somehow remained open for 15 years. I think the VA not getting your SMR's is a potential CUE.

[carlie]

yes they did have an obligation to have those records earlier...as early as 1989 (when i was first SC for asthma and ulner nerve entrapment) i would think...but i didn't put in a claim for an acquired psych disorder until 1995, and yes it was denied because of the missing records...especially the missing SMR's....

but then i'm counting on vigil v. peake ... ie. 38 cfr 3.156c for the VA to pay me back to the original claim date...

jtg1966,

If you did not put in a claim for a psych disability until 1995

then they won't pay back any retro prior to that.

Even if you get some retro back to 1995 - that should be considered

as lucky on it's own.

jmho,

carlie

[jtg1966]

under 38 cfr 3.156c , if a previously denied claim is later granted based wholely or in part on the basis of newly discovered offical service records ... then the va will reconsider the previously denied claim (38 cfr 3.156c3) and the effective date will be that of the previously decided claim...

under vigil v. peake...

attached is a powerpoint presentation developed by the vnlsp for training vso's

NVLSP_VigilVsPeake.ppt

[jtg1966]

i really just want to get the SC first...then i will go after the RO/BVA/CAVC/FDCA/US SUPPREME Court... for the earliest possible effective date...I just need them to give me SC first...*makes the sign of the cross, AND says two hail mary's and an our father*

I'm nerveous about waco....seems the guvment ain't a never done nothin' GOOD in waco texas...

[jtg1966]

yeah carlie i agree that retro back to '95 would be terrific...but honestly i'm not a pig...i'd be happy with 100% monthly just so's i can eat real regular...it's a struggle most months...and completely devastating if say I have to replace a tire... a $90.00 tire means i don't eat the last 10 days of the month...i wish that the VA in their infinate wisdom understood that....

[john999]

ITG

According to the regs you refer to I think you do have a good shot at the 1995 date for EED. The VA probably knows this so the fight will be on regarding just getting service connection now. If you get service connection at your BVA hearing you can take time and digest the facts and then go for the EED. I read the case Vigil v Peake. Not many know about that I am sure. I sure as heck would go for it after you get the current award.